29 CFR § 825.214 - Employee right to reinstatement.
---
identifier: "/us/cfr/t29/s825.214"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 825.214 - Employee right to reinstatement."
title_number: 29
title_name: "Labor"
section_number: "825.214"
section_name: "Employee right to reinstatement."
chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"
subchapter_number: "C"
subchapter_name: "OTHER LAWS"
part_number: "825"
part_name: "THE FAMILY AND MEDICAL LEAVE ACT OF 1993"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "29 U.S.C. 2654; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701."
regulatory_source: "78 FR 8902, Feb. 6, 2013, unless otherwise noted."
cfr_part: "825"
---
# 825.214 Employee right to reinstatement.
*General rule.* On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee's absence. *See also* § 825.106(e) for the obligations of joint employers.